Decision 39195A
Full Text of Decision 39195A
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
UI system was not set up to provide an income for anyone who wants to create or operate a new business and refuses to consider this activity as work. (Reference to Catherine Gates A-0600.94)
Decision 39594
Full Text of Decision 39594
summary
| Issue: |
Sub-Issue 1: |
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| week of unemployment |
rationale |
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Summary:
While it is commendable for a person to endeavour to improve his lot in life by engaging in a business on his own, he is not entitled to support that business by resorting to the public purse in the form of UI while a business grows to become income producing and sufficiently so to enable the self-employed person to eventually rely on the business itself.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
principal means of livelihood |
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| week of unemployment |
incomes |
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| week of unemployment |
circumstances |
financial success or failure |
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Decision 39277
Full Text of Decision 39277
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
The claimant made praiseworthy and significant efforts to start up a business but in the circumstances, the effect of these efforts was to remove him from application of the provisions of the Unemployment Insurance Act, whose aim is to provide temporary benefits to individuals who do not have employment and who are actively looking for other work. These benefits must not be used to subsidize an individual who wishes to start a business.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
weight of statements |
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| penalties |
knowingly |
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| board of referees |
errors in law |
weight of statements |
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| proof |
errors in law |
burden of proof |
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Decision 37657
Full Text of Decision 37657
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
It has often been stated that the UI Act is an Act to tide people over until they get another job, but it does not allow an entrepreneur to build up a business on the backs of the Canadian taxpayer.
Decision 24632
Full Text of Decision 24632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Refer to: A-0366.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
off-season |
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| week of unemployment |
minor in extent |
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| board of referees |
rules of construction |
official wordings differ |
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Decision A-0366.94
Full Text of Decision A-0366.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Claimant's efforts to start his own business have taken him outside the purview of the UI scheme. The Act is designed to provide temporary benefits to those who are unemployed and actively seeking other work. It cannot be used to subsidize entrepreneurs who are starting their own business.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
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| board of referees |
rules of construction |
official wordings differ |
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Decision 19837
Full Text of Decision 19837
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
UI funds are not intended to subsidize the early stages of a new business during which it is normal to have expenses exceed income and to be working less than 100% of the time or even less than 50% of the time. Once he started here, it was clear that hewas no longer unemployed.
Decision 19326
Full Text of Decision 19326
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
There is no doubt that Reg. 43 is, in part, directed to individuals who quit their employment in order to start their own business. The subsidization of the start up period for a small business is not part of the objectives of the UI scheme.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
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| board of referees |
legislative authority |
purpose of ui system |
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Decision 18065
Full Text of Decision 18065
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
I have stated on numerous occasions, UI is not to be used to subsidize a claimant who carries on business for himself or is endeavouring to start a business of his own. The fact that he does not earn profits or take out any profits from the business does not entitle him to UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
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Decision 18060
Full Text of Decision 18060
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
It is often said that the UI scheme is not meant to operate as a system for subsidizing the establishment of personnel businesses. There is no doubt that this is true. These observations do not apply where one starts up a business as a stop-gap measure.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
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| week of unemployment |
principal means of livelihood |
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| penalties |
business |
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| board of referees |
natural justice |
free of bias |
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Decision 17922
Full Text of Decision 17922
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
The 6 factors outlined in CUB 5454 are to be considered collectively, and no one of them is decisive, but one thing is clear: it is not the intention of the UI Act that those engaged in self-employment as a full-time occupation, even if not profitable, should be entitled to UI.
Decision 16043
Full Text of Decision 16043
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Claimant held not available as she spends 100% of her time in preparation for business. It is well established that a person cannot be subsidized by UI while preparing to set up a business for herself, however desirable the project may be.
Decision 15943
Full Text of Decision 15943
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
I take this opportunity to emphasize that it is not the intention of UI Act that those who choose to engage in self-employment as a full-time occupation should be entitled to benefits if their self-employment proves to be unprofitable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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| claim procedure |
applicability |
general |
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Decision 14382
Full Text of Decision 14382
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
The UI fund is not a small business development programme to subsidize those who are faced with the start-up cost of having no earnings at the beginning of such activity. The point is that such people are not unemployed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
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| penalties |
courses of study |
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| board of referees |
right to be heard |
improper hearing |
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Decision 12350A
Full Text of Decision 12350A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
UI benefits are not designed to provide income for persons attempting to set up a business or to maintain the operation of it during periods when it is unsuccessful.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
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Decision 13947
Full Text of Decision 13947
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
When claimant and partner made investment and began to solicit for clients, that was their business. But when he sought UI in addition, it became the Commission's and public's business. UI not legally available to be a start-up subsidy for new businesses.
Decision 12207A
Full Text of Decision 12207A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
The Act is not intended to assist independent business people whose businesses are not producing enough income. [claimant working in wife's smoke shop]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a spouse |
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Decision 12132
Full Text of Decision 12132
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Refer to: A-0383.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a relative |
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Decision A-0383.86
Full Text of Decision A-0383.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
The purpose of the Act is not to subsidize small businesses, but rather to help those who have lost their employment and who, after many attempts, cannot find another one, said the Umpire. Judgment upheld by the FC without reasons.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a relative |
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Decision 13315
Full Text of Decision 13315
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
As is often said in the case law, UI benefits are not a way of supporting a claimant while he tries to set up his own business.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
|
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Decision 12128
Full Text of Decision 12128
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Purpose of UI is not to subsidize small business, but to assist people who are unemployed and looking for work.
Decision 11987
Full Text of Decision 11987
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
UI benefits are not intended to supplement earnings for self-employment when same prove insufficient.
Decision 11454
Full Text of Decision 11454
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
|
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Summary:
Parliament does not make UI benefits available for the purpose of subsidizing struggling or unprofitable business ventures. This is simply the policy of the law over which neither a Board nor an Umpire has any power.
Decision 10167
Full Text of Decision 10167
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
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Summary:
Clear that purpose of UI not to refloat businesses in trouble, or to enable individual to make it to end of month. Scheme designed to cover income lost because of unemployment, not drop in business.
